Divorce in Washington: A Complete Guide

Divorce in Washington: A Complete Guide

Filing for divorce is one of the most significant legal and personal decisions you will ever make. If you are considering ending your marriage in Washington State, understanding the laws, procedures, and expectations ahead of time can help you navigate the process with greater confidence and clarity. Washington has its own unique set of rules governing divorce—officially called a "dissolution of marriage"—including its status as a no-fault and community property state.

This comprehensive guide walks you through every critical aspect of divorce in Washington, from the grounds you must establish and the residency requirements you must meet, to how property is divided, how child custody is determined, and what to expect in terms of costs and timelines.

Grounds for Divorce in Washington

Washington is an exclusively no-fault divorce state. This means that neither spouse is required to prove that the other did something wrong—such as adultery, abuse, or abandonment—in order to obtain a divorce. The sole legal ground for divorce (dissolution of marriage) in Washington is that the marriage is "irretrievably broken," meaning there is no reasonable prospect of reconciliation.

Under Washington law (RCW §26.09.030), one spouse simply needs to declare that the marriage is irretrievably broken. If the other spouse agrees, the court will generally accept this assertion. If the other spouse denies it, the court may order counseling or continue the case for up to 60 days, but ultimately, if one party maintains that the marriage is broken, the court will grant the dissolution.

What Does No-Fault Mean for Your Case?

Because Washington does not consider fault, issues like infidelity or emotional cruelty generally do not affect the outcome of property division, spousal support, or custody decisions. The focus of the proceedings is on equitably resolving the practical matters of ending the marriage rather than assigning blame. This approach is designed to reduce conflict and encourage cooperative resolution.

Residency Requirements

Washington has one of the most flexible residency requirements in the country for filing a divorce. Under RCW §26.09.030, a court has jurisdiction to hear a dissolution case as long as one of the following conditions is met:

• One spouse is a resident of Washington State at the time the petition is filed, or
• One spouse is a member of the armed forces stationed in Washington.

Notably, Washington does not impose a minimum duration-of-residency requirement. Unlike many other states that require you to have lived in the state for six months or a year before filing, Washington allows you to file as soon as you establish residency. However, you must file in the Superior Court of the county where either spouse resides.

This flexibility can be particularly advantageous for people who have recently relocated to Washington or for military families stationed in the state.

Property Division

Washington is one of only nine community property states in the United States. This classification has a significant impact on how assets and debts are divided during a divorce.

Community Property vs. Separate Property

Under Washington law, most property and debts acquired during the marriage are presumed to be community property, meaning they are owned equally by both spouses regardless of whose name is on the title or who earned the income. Community property typically includes:

• Wages and salaries earned during the marriage
• Real estate purchased during the marriage
• Retirement accounts and pensions accrued during the marriage
• Vehicles, furniture, and other personal property acquired during the marriage
• Debts incurred during the marriage

Separate property, on the other hand, generally includes:

• Assets owned by either spouse before the marriage
• Gifts or inheritances received by one spouse individually, even during the marriage
• Property acquired after the date of separation (in some circumstances)

How the Court Divides Property

While community property is presumed to be owned equally, Washington courts are not required to divide everything exactly 50/50. Instead, the court strives for a "just and equitable" distribution, taking into account factors such as:

• The nature and extent of community property and separate property
• The duration of the marriage
• Each spouse's economic circumstances and earning capacity
• Whether one spouse made significant non-economic contributions (such as homemaking or supporting the other's career)

The court also has the authority to consider separate property when making the overall division if necessary to reach a fair result. Couples who can agree on property division through negotiation or mediation can present their own settlement to the court for approval.

Child Custody and Parenting Plans

Washington State does not use the traditional terms "custody" and "visitation." Instead, the state uses a framework based on parenting plans, which outline how parents will share responsibilities and time with their children after the divorce.

Components of a Parenting Plan

A parenting plan in Washington addresses:

• Residential schedule: Specifies where the child will live on specific days, weekends, holidays, and school breaks.
• Decision-making authority: Determines which parent will make major decisions about the child's education, healthcare, and religious upbringing.
• Dispute resolution: Establishes a process for resolving future disagreements between the parents, often through mediation before resorting to court.

Best Interests of the Child

When parents cannot agree on a parenting plan, the court will create one based on the best interests of the child. Washington courts consider a variety of factors under RCW §26.09.187, including:

• The strength and nature of the child's relationship with each parent
• Each parent's involvement in the child's daily care and upbringing
• The child's emotional, physical, and developmental needs
• Each parent's work schedule and availability
• The child's ties to school, community, and siblings
• Any history of domestic violence or substance abuse

Washington courts generally encourage arrangements that allow the child to maintain meaningful relationships with both parents, unless doing so would endanger the child's well-being.

Spousal Support (Maintenance)

Spousal support in Washington is referred to as spousal maintenance. It is not automatically awarded in every divorce; rather, it is determined on a case-by-case basis depending on the needs and circumstances of each spouse.

Factors the Court Considers

Under RCW §26.09.090, the court evaluates several factors when deciding whether to award maintenance and, if so, how much and for how long:

• The financial resources of the spouse seeking maintenance
• The time necessary for the requesting spouse to obtain sufficient education or training to find appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age, physical condition, and emotional state of the spouse seeking maintenance
• The ability of the paying spouse to meet their own needs while contributing to the other's support

Types of Maintenance

Maintenance can be temporary (awarded during the divorce proceedings), short-term (designed to help a spouse become self-supporting), or long-term (more common in lengthy marriages where one spouse has limited earning capacity). The court retains the ability to modify maintenance orders if there is a substantial change in circumstances.

Filing Process for Divorce in Washington

Here is a step-by-step overview of the typical divorce filing process in Washington State:

Step 1: Prepare and File the Petition

The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the Superior Court in the appropriate county. This document outlines basic information about the marriage, children, property, and the relief being sought.

Step 2: Serve the Other Spouse

The petition and a summons must be formally served on the other spouse (the respondent). Service can be accomplished through personal delivery by a process server, sheriff, or any person over 18 who is not a party to the case. In some cases, service by mail or publication may be permitted.

Step 3: Response

The respondent typically has 20 days (if served in Washington) or 60 days (if served outside the state) to file a written response. If the respondent does not respond, the petitioner may request a default judgment.

Step 4: Disclosure and Negotiation

Both spouses are required to disclose their financial information, including income, assets, debts, and expenses. Many couples use this phase to negotiate a settlement—either independently, through their attorneys, or with the help of a mediator.

Step 5: Trial or Settlement

If the spouses reach an agreement on all issues, they can submit their settlement documents to the court for approval. If disputes remain unresolved, the case will proceed to a trial, where a judge will make the final decisions.

Step 6: Final Order

Once all issues are resolved—either by agreement or by trial—the court enters a Decree of Dissolution, which officially ends the marriage.

Timeline and Costs

Waiting Period

Washington imposes a mandatory 90-day waiting period after the petition is filed and the respondent is served. The divorce cannot be finalized before this period expires. This waiting period is intended to give both parties time to consider reconciliation and to prepare for the practical and emotional aspects of the divorce.

How Long Does the Process Take?

The total timeline for a Washington divorce depends on the complexity of the case:

• Uncontested divorce (both parties agree on all issues): Often finalized shortly after the 90-day waiting period, typically 3 to 4 months.
• Contested divorce (disputes over property, custody, or support): Can take 6 months to over a year, depending on the issues involved and court scheduling.

Costs

The filing fee for a divorce in Washington is approximately $300 to $400, depending on the county. Additional costs may include:

• Process server or service fees
• Mediation or collaborative law fees
• Attorney's fees, which can vary widely depending on the complexity of the case
• Court costs for motions, appraisals, or expert witnesses

Fee waivers may be available for individuals who demonstrate financial hardship. Always verify current fees with your local county clerk's office, as amounts are subject to change.

Key Takeaways

• Washington is a no-fault state; you only need to show the marriage is irretrievably broken.
• Residency requirements are flexible—no minimum duration is needed.
• As a community property state, most marital assets and debts are presumed equally owned.
• Child custody is handled through parenting plans focused on the best interests of the child.
• Spousal maintenance is not guaranteed and depends on multiple factors.
• The mandatory 90-day waiting period sets the minimum timeline for finalizing a divorce.
• Filing fees range from $300 to $400, with additional costs varying based on case complexity.

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures are subject to change, and every case involves unique facts and circumstances. The information presented here is based on Washington State law as of the time of writing and may not reflect the most current legal developments. You should consult with a qualified Washington State family law attorney to obtain advice tailored to your specific situation. Court filing fees and procedural requirements should be confirmed with your local county Superior Court clerk's office before filing.